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Lohan

Accused of Being Smashed

During Smash-Up

6/14/2007 8:40 PM PDT BY TMZ STAFF

Lindsay Lohan is being sued by a man who claims she was drunk when she crashed her Mercedes into his van after leaving the famous Ivy restaurant in West Hollywood in 2005. He is suing both Lohan and The Ivy.

Lohan lawsuit
In a lawsuit filed Thursday in Los Angeles County Superior Court and obtained by TMZ, Raymundo Ortega claims Lohan, who was 19 at the time, was dining at The Ivy ... "where she consumed alcohol and became intoxicated" minutes before the wreck. The suit alleges that "The Ivy's conduct of serving alcoholic beverages to Lohan was a factor in causing the injuries to Ortega."

Ortega claims that on the day of the accident, Lohan was "driving recklessly" at 60 MPH to avoid having her picture taken by paparazzi and "looking over her shoulder instead of watching the road." As a result, Ortega is suing both The Ivy and Lohan for damages in excess of $200,000.

In the suit, Ortega accuses Lohan of having a history of "racing and speeding with Mercedes Benz high performance car and as a result received several speeding tickets and has been in several accidents."

Reps for Lohan were not immediately available for comment.

83 COMMENTS

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46.

Mary    

200K is pennies to these people. Why aren't they settling out of court. This could all go away very easily.

The big question is why isn't this guy suing for more money?

2657 days ago
47.

JLR    

I hope now we all see why Paris had to do the time. Lindsey must go to jail and Nicole must go to jail. These girls have created themselves as sociallites (albeit not respectable sociallites), by deliberating appearing at various restaurants where the paparazzi hang out. They've thrown their dirty laundry out there for us to see, we have and we don't accept it. They must pay the time. Just hope they learn from it and grow.

2657 days ago
48.

Todd Dwyer    

someone trying to cash in on the celebs again.....duh!

2657 days ago
49.

Goerge Bush    

Dear 11 GET YOUR FACTS STRAIGHT....GRANDFATHER HLTON HAS PASSED AWAY....your all envious people or you would not be saying this
FREE PARIS

2657 days ago
50.

Deb    

$200,000 is peanuts. In the end the settlement will be far lower than that. Everyone else starts off in the millions. Look at the judge of the pants lost at the cleaners. $54 million now. Look at the settlement for a hot cup of coffee spilled -- millions. $200,000 is pocket change for the likes of these brats. She had a chance to settle it for $3,624, no courts, no lawyers appeared to be involved. No affect on insurance. Shows you how much her brain is fried.

2657 days ago
51.

chriissy    

I THINK LINDSAY AND PARIS HILTON SHOULD TAKE A LESSON IN THEIR
PROBLAMATIC SELF CENTERED LIVES, AND LOOK UP TO MORE
INTERESTING AND BELEIVABLE AND STRONG WOMEN.

ANGELINA JOLIE FOR INSTANCE WOULD BE SUCH A GOOD ROLE MODEL FOR THESE CHILDREN. SHE ANGELINA HAS HAD HER SHARE OF SOME WILD TIMES. ALTHOUGH SHE HAD DONE NOTHING WRONG LIKE THE TERRIBLE THINGS THESE KIDS WHO ARE SUPPOSED TO BE ACTING LIKE ADULTS ARE DOING TO THEMSELVES.

THEY SHOULD LOOK TO ANGELINA AND GET SOME SORT OF AN IDEA HOW A WELL RESPECTED CELEBRITY SHOULD BE ESPECIALLY WHEN THEY ARE SO MUCH IN THE PUBLIC EYE.

I HOPE THAT THE KIDS OF OUR FUTURE AND THE ONES OF TODAY, CAN ONLY ACHIEVE AS MANY THINGS THAT ANGELINA JOLIE HAS DONE AT HER AGE THUS FAR.

SHE IS AN UPSTANDING CITIZEN AN AMAZING TALENTED ACTRESS AND RUNS WITH VERY GOOD MESSAGES FOR THE PEOPLE AROUND HER AND USES HER CELEBRITY TO HELP SEND A POSITIVE MESSAGE FOR GLOBAL AWARENESS. IT IS ALMOST A SIN TO EVEN SAY HER NAME IN THE SAME SENTENCE AS LINDSAY AND PARIS.

I HOPE THAT THESE HOLLEYWOOD STARLETS THAT ARE SO ON THE WRONG TRACK CAN AT LEAST LOOK UP TO SOMEONE AND FIND A GOOD ROLE MODEL AS IT SEEMS THEY NEED ONE.

FARRAH-FALLON

2657 days ago
52.

scrapnik    

Oh Please...she is in rehab for DRINKING & DRUGS!! Any LA hot spot will sereve a Celeb a drink just so they can say hey yeah they were here!!! They should be FINED as well!!! She thinks she is all that when she really has made herself look really bad to alot. And her mom aint no help....like she would care just as long as Lindsy is rollin in the dough!!

2657 days ago
53.

Terry    

I don't doubt she was drinking but....
How is he going to prove she was drinking or drunk?
Why didn't Lohans insurance agency take care of this at the time of the wreck?

2657 days ago
54.

duh...totally !    

this chick is such a freaking " FLAKE " of a person....

My Gawd, how can so many of young Hollywood be sooo damn annoying !!??? It is out of control !

2657 days ago
55.

jProud American Author    

You play. You pay. These young woman play and party hard and so if they have an accident --then there are consequences to their actions. people seem to forget that.
http://enlightenedangel.bravehost.com

2657 days ago
56.

Deb    

Wouldn't it be a concept if the licences of a few of these places were pulled for serving underage!!!

Hey -- LA star struck people -- take your cells phones with you and get pics -- just so happens you snap the pic when the waiter hands them a drink!!! Forget giving it to the tabloids -- run, don't walk -- directly to the cops!!!

2657 days ago
57.

LKRIK2881    

HEY ALL, I AM A LEGAL SECRETARY AND TODAY I SAW THIS ARTICAL ABOUT LOHAN AND I LOOKED UP THE CASE NUMBER AND IT APPEARS THERE IS NO MATCH. IT CAN EITHER BE BOGUS OR THE CASE NUMBER IS WRONG. THE THING THAT CONFUSES ME IS THAT IT LOOKS LIKE IT HAS BEEN FILED IN LA SUP. COURT, BUT THE CASE NUMBER DOES NOT COME UP TO MATCH ANYTHING.

I DONT KNOW, ALL I KNOW IS THAT LOHAN, PARIS AND THE REST OF THEM LOSERS NEED TO GET A LIFE.... A REAL LIFE... DUMB ASS B**TCHES

2657 days ago
58.

LKRIK2881    

BY LAW IF YOU ARE INJURED IN AN ACCIDENT, SLIP AND FALL, TRIP AND FALL, ETC, YOU HAVE 2 YEARS TO FILE A CLAIM. IF IT IS ONLY PROPERTY DAMAGE THEN YOU HAVE 3 YEARS TO FILE A CLAIM TO SAVE THE STATUE OF LIMITATIONS...

OKAY TO FILE A LAWSUIT THERE ARE STEPS TO TAKE... FIRST, IF HE HAD HER INSURANCE INFORMATION, HE MOST DEF. FILED A CLAIM WITH THE INS. COMPANY. IN THE MEAN TIME, WHILE THE INS. COMPANY REPAIRED OR PAID FOR HIS PROPERTY DAMAGES, HE WAS TREATING WITH THE CHIRO, AND SO FORTH. ONCE HE WAS DONE WITH HIS TREATMENTS, THE ATTY GOT HIS MEDS FROM THE DOCTORS AND THEN SENT OUT A DEMAND. THE INS. COMPANY PROBABLY OFFERED NOTHING AND SO THEN HIS ATTORNEY FILED A LAWSUIT... NOW TO FILE A LAWSUIT THERE ARE ALOT OF STEPS, AS WELL. FIRST, YOU FILE THE LAWSUIT, ONCE IT COMES BACK, THE SECRETARY HAS TO SERVE THE DEFENDANT, IN THIS CASE, LINDSAY. IF SHE WAS PERSONALLY SERVED SHE WOULD HAVE 30 DAYS TO ANSWER THE COMPLAINT, IF IT WAS SERVED BY SUBTITUE, THEN THEY HAVE 40 DAYS TO ANSWER THE COMPLANT. THEN IT STARTS, WITH THE DEPOSITIONS AND MEDIATIONS AND IF IT DOESNT SETTLE AT THE MDIATION, THEN THEY PREPARE FOR TRIAL. CAN TAKE FROM 6 MONTHS TO XXX YEARS.

IF YOU HAVE ANY QUESTIONS, IM OPEN TO ANSWER....

2657 days ago
59.

JLR    

#66, I'm sure she will create another accident, or kill someone (or herself) before this case is settled. Until drug addicts hit bottom, they just keep on creating havoc. Uh, how many times in rehab now????

2657 days ago
60.

Paula    

To # 3--he's suing now before his 2 yr statue of limitiations is up...You can bet he's been to drs and has had all kinds of tests done, including x-rays, therapy, MRI's, and may really suffered back/neck injuries, including whiplash,and probably has been taking pain meds and whatever else for his case. And, if he had to have surgery for his supposed injuries, he's going to sue for big bucks and you can bet your bottom dollar his dr has everything documented and will be willing to give his deposition for his cut.

I'm not saying that this person is suing just because she's famous and has cash, and I can't really see his car, but from what I see of her car, he might have had whiplash and is still complaining of back/neck pain, and will go for emotional distress, loss of consortium if he's married..Plus, sing the bar/restaurant because she was underage at the time which will cause a problem for the establishment.

He might want to make an out of court settlement, and if he wants a jury trial, I don't know how generous juries are in CA, but different areas/states, people aren't too willing to give large settlements--it all depends upon the jury.

2657 days ago
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